Abstract

ALVAREZ-VACA, Julio Enrique; CORNEJO-AGUIAR, José Sebastián  and  PROANO-REYES, Gladis Margot. Analysis of the principle of non-discrimination due to undue redress in the Arce case in Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.891-908.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.453.

This study analyzed the first hate crime conviction in Ecuador to evaluate the correct application of compensatory and reparatory measures, with the aim of understanding the scope of comprehensive reparations that mitigate the harm caused by this type of crime. The descriptive research employed theoretical methods such as inductive-deductive and analytical-synthetic, complemented by survey techniques. The results offer an analysis based on crime theory and forms of reparation, warning of the risk of revictimization and the need for effective protection of legal rights. The discussion includes the perspective of legal experts in constitutional law, who propose guidelines for judging these cases in a way that optimizes the process without leading to acts of revenge. The conclusions provide an objective view of the initial application of this concept in the Ecuadorian judicial system.

Keywords : Hate crime; theory of crime; protected legal right; compensatory measures..

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